PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, MARCH 18, 2008, 7:00 P.M.

CITY OF OAK CREEK
MILWAUKEE COUNTY

The meeting began with the Pledge of Allegiance being said by all present.

Mayor Bolender called the meeting to order at 7:00 p.m.  On roll call, the following alderpersons were present:  Ald. Kopplin, Ald. Foeckler, Ald. Verhalen, Ald. Toman, Ald. Grabowski, and Ald. Michalski.  Also present were:  City Administrator Patrick DeGrave, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Information Technology Manager Caesar Geiger, Street Superintendent Michael Lampe, Street Division Supervisor David Laehn, Utility General Manager Steve Yttri, Utility Engineer Michael Sullivan, City Librarian Ross Talis, Director of Parks, Recreation & Forestry Douglas Schachtner, Police Chief Thomas Bauer, Facilities Manager Richard Kulka, and City Clerk Beverly Buretta.

Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the minutes of the 3/4/08 meeting as published.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

1.         VOTE RESULTS IN TIE; MAYOR VOTES NO, AND MOTION FAILS:  RESOLUTION NO. 10832-021808, AUTHORIZING UTILITY COMMISSION TO ENTER INTO WHOLESALE CONTRACT WITH VILLAGE OF CALEDONIA THAT WILL SUPERSEDE TWO EXISTING WHOLESALE CONTRACTS WITH OAK CREEK AND WILL ESTABLISH AN EXPANDED SERVICE AREA. 

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10832-021808, authorizing the Utility Commission to enter into a wholesale contract with the Village of Caledonia that will supersede two existing wholesale contracts with Oak Creek and will establish an expanded service area.  Motion, with second agreeing, was amended to delete item 4D.  On roll call, the vote was as follows:  Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Verhalen, no; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, no.  The vote resulted in a tie. The Mayor voted no; motion failed.

2.         VENDOR SUMMARY REPORT APPROVED.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Vendor Summary Report in the amount of $324,539.67.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

3.         PRESENTED AND ADOPTED:  COUNCIL PROCLAMATION NO. 08-01, CONGRATULATIONS TO EAGLE SCOUT SHAUN R. CERO. 

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 08-01, congratulations to Eagle Scout Shaun R. Cero.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

4.         NO ACTION TAKEN AFTER DISCUSSION OF LETTER FROM DIANE CLUNEY, 10445 S. CHICAGO RD., DATED MARCH 12, 2008, REQUESTING EXEMPTION FROM REGISTERING TWO VEHICLES ON ABOVE PROPERTY WHICH BELONG TO HER SON WHO IS OVERSEAS IN MILITARY.

No action was taken after discussion of a letter from Diane Cluney, 10445 S. Chicago Rd., dated March 12, 2008, requesting an exemption from registering two vehicles on the above property which belong to her son who is overseas in the military.

5.         PRESENTED AND ADOPTED:  ORDINANCE NO. 2494, CREATING PROPERTY EXTERIOR MAINTENANCE CODE. 

Ald. Toman, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2494, creating a property exterior maintenance code.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

6.         LICENSE COMMITTEE.

Ald. Grabowski, seconded by Ald. Verhalen, moved to take the following action:

• Grant a renewal mobile home park license to Fifth Avenue Development Group, LLC, for Sunrise Shores, 8481 S. 5^th Ave., with conditions as approved by the Council on 7/5/06, and to include a letter to the park owner reminding him of the importance of adequate snow removal in future years to ensure that emergency vehicles are able to access the park and for the safety of the residents;
• Grant a run/walk license to Joe Pulizzano, Relay Director, Madison-Chicago 200 Relay (formerly Great Midwest Relay) on 6/6-7/08; and
• Grant a renewal landfill license to C. W. Purpero, Inc., at 813 W. College Ave.

On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

7.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10840-031808, ACKNOWLEDGING AND FILING 2008 CALENDAR YEAR SALARY GRADE PLAN AND BENEFITS FOR LIBRARY PERSONNEL. 

Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10840-031808, acknowledging and filing the 2008 calendar year salary grade plan and benefits for Library personnel.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

8.         COUNCIL AUTHORIZES PROGRESS PAYMENT IN AMOUNT OF $15,340.00 TO GIESE TREE AND LANDSCAPING SERVICES, LLC, FOR STREET TREE PRUNING (PROJECT NO. 07014).  

Ald. Grabowski, seconded by Ald. Michalski, moved to authorize a progress payment in the amount of $15,340.00 to Giese Tree and Landscaping Services, LLC, for street tree pruning (Project No. 07014).  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

9.         COUNCIL AUTHORIZES CITY ADMINISTRATOR TO ENTER INTO AGREEMENT WITH RUEKERT-MIELKE, INC., TO ASSIST WITH UPDATING CITY’S IMPACT FEES FOR SUM NOT TO EXCEED $20,000.00, AND FUNDING FOR PROJECT TAKEN FROM GENERAL GOVERNMENT – OUTSIDE LEGAL SERVICES ACCOUNT NO. 40-525. 

Ald. Kopplin, seconded by Ald. Michalski, moved to authorize the City Administrator to enter into an agreement with Ruekert-Mielke, Inc., to assist with updating the City’s impact fees for a sum not to exceed $20,000.00, and funding for the project taken from the General Government – Outside Legal Services Account No. 40-525.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

10.       COUNCIL APPROVES PURCHASE OF ONE 2008 TORO (MODEL Z589) COMMERCIAL MOWER FROM HIGHWAY “C” SERVICE IN AMOUNT OF $9,772.00. 

Ald. Michalski, seconded by Ald. Verhalen, moved to concur with the recommendation of the Director of Parks, Recreation & Forestry and approve the purchase of one 2008 Toro (Model Z589) Commercial Mower from Highway “C” Service in the amount of $9,772.00. On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

11.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10842-031808, APPROVING CSM FOR WOODMAN’S FOOD MARKET, INC., FOR PROPERTY AT 8131 S. HOWELL AVE.

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10842-031808, approving a certified survey map for Woodman’s Food Market, Inc., for the property at 8131 S. Howell Ave.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

12.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10843-031808, APPROVING CSM FOR WISCO HOTEL GROUP AND EDGERTON CONTRACTORS AT 6440 AND 6466 S. 13^TH ST. 

Ald. Kopplin, seconded by Ald. Michalski, moved to adopt Resolution No. 10843-031808, approving a certified survey map for Wisco Hotel Group and Edgerton Contractors at 6440 and 6466 S. 13^th St.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

13.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10844-031808, GRANTING WAIVER FOR PERIOD OF SEVEN YEARS FROM SECTION 2D OF CONDITIONS AND RESTRICTIONS (ORDINANCE NO. 2479) FOR PROPERTIES AT 9000 AND 9100 S. NICHOLSON RD., WHICH REQUIRES THAT MUNICIPAL SEWER MUST BE EXTENDED TO SERVE THIS DEVELOPMENT (GREEN MAN WOOD SERVICES; CITY ATTORNEY TO DRAFT AGREEMENT AND BRING BACK TO COUNCIL FOR FINAL APPROVAL.

Ald. Verhalen moved to adopt Resolution No. 10844-031808, granting a waiver from Section 2D of the Conditions and Restrictions (Ordinance No. 2479) for the properties at 9000 and 9100 S. Nicholson Rd., which requires that municipal sewer be extended to serve this development (Green Man Wood Services).  Motion was withdrawn for lack of a second.  Ald. Verhalen moved to adopt Resolution No. 10844-031808.  Motion failed for lack of a second.  Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution 10844-031808, granting a waiver from Section 2D of the Conditions and Restrictions (Ordinance No. 2479) for a period of seven years for the properties at 9000 and 9100 S. Nicholson Rd., which requires that municipal sewer be extended to serve this development (Green Man Wood Services), and to direct the City Attorney to draft an agreement allowing a waiver that would be binding on successors and assigns, recorded with the Register of Deeds Office, and the agreement to be brought back to the Council for final approval.  On roll call, the vote was as follows:  Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, no.

14.       COUNCIL DIRECTS CITY ADMINISTRATOR AND FINANCE MANAGER TO DEVELOP FUNDING MECHANISM FOR ECONOMIC DEVELOPMENT FUND (CDA) USING ROOM TAX GENERATED BY NEW HOTEL DEVELOPMENT IN OAK CREEK.

Ald. Michalski, seconded by Ald. Grabowski, moved to direct the City Administrator and Finance Manager to develop a funding mechanism for the Economic Development Fund (CDA) using room tax generated by new hotel development in Oak Creek.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

15.       COUNCIL AUTHORIZES CDA TO UTILIZE $20,000.00 BUDGETED FOR ADVERTISING AND PROMOTIONS TO WORK WITH CONSULTANT TO DEVELOP INTERIM WEBSITE ENHANCEMENTS AND COLLATERAL MARKETING MATERIALS IN 2008. 

Ald. Grabowski, seconded by Ald. Michalski, moved to authorize the CDA to utilize the $20,000.00 budgeted for Advertising and Promotions to work with a consultant to develop interim website enhancements and collateral marketing materials in 2008.  On roll call, the vote was as follows:  Ald. Kopplin was out of the room and did not vote; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

16.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10841-031808, APPROVING (MOU) WITH CITY OF FRANKLIN PERTAINING TO PAYMENT OF CONTRACT PRICE OF AGREEMENT FOR PROFESSIONAL SERVICES FOR SOUTH 27^TH STREET CORRIDOR PLAN AREA STREETSCAPE DESIGN, TO INCLUDE DEVELOPMENT OF THIRD PARTY REVIEW PROCESS FOR PROPOSALS WITHIN 27^TH STREET CORRIDOR, AS WELL AS FOR DETAILED ENGINEERING SERVICES TO IMPLEMENT 27^TH STREET CORRIDOR STREETSCAPE MANUAL AND FURTHER ADDRESSING FUNDING SOURCE FOR SUCH AGREEMENTS.  

Ald. Michalski, seconded by Ald. Foeckler, moved to adopt Resolution No. 10841-031808, approving a Memorandum of Understanding (MOU) with the City of Franklin pertaining to the payment of the contract price of an agreement for professional services for the South 27^th Street Corridor Plan area streetscape design, to include development of a third party review process for proposals within the 27^th Street corridor, as well as for detailed engineering services to implement the 27^th Street corridor streetscape manual and further addressing the funding source for such agreements.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, no; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

Note:  Items 17 through 21 were taken as one motion.

17.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PAYMENT FOR PROJECT NO. 06027, STREET DEPARTMENT BUILDING DESIGN AND RENOVATION.  

Ald. Grabowski, seconded by Ald. Michalski, moved to authorize payment of the contract payment for Project No. 06027, Street Department building design and renovation.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

18.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PAYMENTS FOR PROJECT NO. 06010, DREXEL AVE.

Ald. Grabowski, seconded by Ald. Michalski, moved to authorize payment of the contract payments for Project No. 06010, Drexel Ave.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

19.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENT FOR PROJECT NO. 07017.

Ald. Grabowski, seconded by Ald. Michalski, moved to authorize payment of the contract progress payment for Project No. 07017.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

20.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10838-031808, ACCEPTING 2007 ANNUAL REPORT FOR OAK CREEK’S WPDES STORM WATER (NR 216) PERMIT.

Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10838-031808, accepting the 2007 Annual Report for the Oak Creek’s WPDES Storm Water (NR 216) permit.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

21.       COUNCIL APPROVES ENTERING INTO INTERGOVERNMENTAL AGREEMENT WITH ROOT-PIKE WATERSHED INITIATIVE NETWORK TO MANAGE, COORDINATE AND IMPLEMENT INFORMATION AND EDUCATION PROGRAM DESIGNED TO SATISFY REQUIREMENTS OF OAK CREEK’S WPDES STORM WATER (NR-216) PERMIT. 

Ald. Grabowski, seconded by Ald. Michalski, moved to enter into an intergovernmental agreement with the Root-Pike Watershed Initiative Network to manage, coordinate and implement an information and education program designed to satisfy the requirements of Oak Creek’s WPDES Storm Water (NR-216) permit.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

22.       EXECUTIVE SESSION HELD.

Ald. Foeckler, seconded by Ald. Michalski, moved to convene into Executive Session at 10:45 p.m., pursuant to Wisconsin State Statutes, to discuss the following:

1. Section 19.85(1)(e) to discuss the naming of the 27^th Street Corridor;
2. Section 19.85(1)(e) to discuss an Offer to Purchase approximately ten acres from the Gerald and Rita Stahl Revocable Trust for the expansion of the Abendschein Community Park; and
3. Section 19.85(1)(e)(g) to discuss the claim for excessive assessment filed by Steven J. Colompos and Fiskardo Farms, LLC, 8947 S. 15^th Ave. and by Oak Leaf 130, LLC, Oak Leaf 135, LLC and Oak Leaf 155, LLC - 130 Oak Leaf Dr., 135 Oak Leaf Dr., and 155 Oak Leaf Dr.; and the claim for recovery of unlawful taxes filed by Ebenezer Child Care Centers, 220 W. Forest Hill Ave., and Donald and Vyon Rogers, 285 E. Parkway Estates Dr.

On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

23.       COUNCIL RECONVENES INTO OPEN SESSION.

Ald. Foeckler, seconded by Ald. Verhalen, moved to reconvene into Open Session at 11:50 p.m.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

24.       ACTION TAKEN ON EXECUTIVE SESSION ITEMS.

Ald. Foeckler, seconded by Ald. Michalski, moved to deny the claim for excessive assessment filed by Steven J. Colompos and Fiskardo Farms, LLC, 8947 S. 15^th Ave. and to authorize the issuance of a Notice of Disallowance; to hold action on the claim for excessive assessment filed by Oak Leaf 130, LLC, Oak Leaf 135, LLC and Oak Leaf 155, LLC - 130 Oak Leaf Dr., 135 Oak Leaf Dr., and 155 Oak Leaf Dr. to the 3/31/08 Council meeting; to grant the claim for recovery of unlawful taxes filed by Ebenezer Child Care Centers, 220 W. Forest Hill Ave., and to deny the claim for recovery of unlawful taxes filed by Donald and Vyon Rogers, 285 E. Parkway Estates Dr., and to authorize the issuance of a Notice of Disallowance.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

25.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10846-031808, AMENDING ADOPTED 2008 BUDGET TO ACCURATELY DISCLOSE ANTICIPATED EXPENDITURES AND REVENUES FOR NEW STREET DEPARTMENT CONSTRUCTION. 

Ald. Foeckler, seconded by Ald. Michalski, moved to adopt Resolution No. 10846-031808, amending the adopted 2008 budget to accurately disclose the anticipated expenditures and revenues for the new Street Department construction.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

26.       COUNCIL AWARDS STREET DEPARTMENT FACILITY RENOVATION AND ADDITION RECONSTRUCTION PROJECT, FOR BASE BID PLUS ALTERNATES 1 AND 2, TO VJS CONSTRUCTION SERVICES (PROJECT NO. 06027).

Ald. Foeckler, seconded by Ald. Michalski, moved to award the Street Department Facility Renovation and Addition reconstruction contract to the lowest responsive, responsible bidder, VJS Construction Services (Project No. 06027), for the base bid plus Alternates 1 and 2 (for a construction contract in the amount of $6,981,000.  In addition, the award of this project is with the understanding that this is an agreement to proceed with the project as reflected in the Common Council Report, to include additional project costs of $2,291,000, offset by $1,360,000 available in the CIP Account).  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, no; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

27.       COUNCIL AWARDS ASBESTOS ABATEMENT FOR STREET DEPARTMENT FACILITY RENOVATION AND ADDITION RECONSTRUCTION PROJECT TO DIRTY DUCTS CLEANING ENVIRONMENTAL & INSULATION INC. (PROJECT NO. 06027).

Ald. Foeckler, seconded by Ald. Grabowski, moved to award the Asbestos Abatement for the Street Department Facility Renovation and Addition reconstruction project to the lowest responsive, responsible bidder, Dirty Ducts Cleaning Environmental & Insulation Inc. (Project No. 06027).  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, no; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

ADJOURNMENT.

            Ald. Foeckler, seconded by Ald. Grabowski, moved to adjourn this meeting at 10:49 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

            Beverly A. Buretta, CMC, City Clerk                 Richard R. Bolender, Mayor